Jump To Navigation

Motor Vehicle Accidents

Insurance Claim Dos and Don'ts

When you need to make an auto insurance claim, you should proceed with care. Your actions may have a significant influence on the amount of compensation you receive. Contact an attorney to learn more.

The Dos

DO consult an attorney for legal advice.

DO review your insurance policies to find out what is covered and what is excluded.

DO notify your insurance company right away after you are in a car accident, your car is stolen or damaged or another such covered event takes place.

DO take pictures if you can: of your vehicle, the accident site and your injuries.

DO take notes when you speak with your insurance company. Make a record of the names, job titles and phone numbers of the representatives with whom you communicate. If you can, get the names of their supervisors, too. Note what you discussed and what you or the representative promised to do.

DO tell your insurance company the truth. Not only does this save everyone a lot of time and effort, but questions of legal liability can be complex. If you fail to be forthcoming with your insurance company, this could invalidate or reduce your coverage.

DO investigate whether you have additional insurance coverage. Depending on the circumstances, supplemental coverage may come from another auto insurance policy, a homeowner’s policy or umbrella coverage.

DO keep the receipts for money you’ve spent on car rental, medical bills and purchases made in connection with the motor vehicle accident.

DO make sure you’re aware of the difference between the replacement value of your car and what you actually owe on the car. If the car is totaled, most car insurance will cover only the cash value of your car at the time of the accident. You may owe more than that, however, on the loan or the lease of the car. Gap coverage makes up for this difference. Additional coverage is usually necessary for things like a special sound system in your car.

The Don'ts

DON’T accept the insurance company’s estimate of your losses and damages until you have a chance to fully explore the matter yourself. An attorney’s help can be valuable in determining whether the insurance company’s estimate is fair.

DON’T give the insurance company a recorded or written statement until you have determined how you wish to proceed. It is important to be aware of the extent of your insurance coverage and your rights.

DON’T sign a release or waiver until you have gotten reliable legal advice. You may feel pressure to sign from your insurance company, but it is your right to explore your options. Just make sure that you take appropriate action within the time limit stated in your insurance policy.

DON’T accept a check from your insurance company — especially one that says “final payment” — unless you have obtained legal advice and carefully weighed your options.

DO Consult an Attorney

Your insurance company is legally obligated to follow through on the terms of its contract with you. You have the right to make sure that happens. Contact an attorney who will offer you support, guidance and advocacy. Speak with a lawyer to discuss your situation.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main

What Our Clients Say

"I am impressed the way your firm took care of me, and I am pleased with results."
K.W - San Jose, CA

"Great Settlement, Thank You."
R.H. - Milpitas, CA

"Mr. Bloxham treated me honestly and fairly - Thanks!"
A.T. - Pittsburg, CA

"I was disappointed in a previous attorney. Thanks for handling my sister's case - I appreciate the care that you took with her."
P.O. - Concord, CA

"Good Job, Thank You."
T.E. - Brentwood, CA

"Thanks for fighting for me, Mr. Bloxham. I appreciate your efforts."
B.K. - Concord, CA

"With my serious injuries, I appreciate that you were able to come to my home and get my case started right away - Thanks."
T.K - Walnut Creek, CA

BBB | Better Business Bureau | www.bbb.org

Click here to see our A+ Rating

Injury Law Center Law Offices of Jack Bloxham

Injury Law Center - Walnut Creek
2099 Mt. Diablo Blvd., Suite 201
Walnut Creek, CA 94596
925-280-4800
Map/Directions

Injury Law Center - San Jose
2570 N. First Street
Second Floor
San Jose, CA 95131
408-224-3286
Map/Directions

Injury Law Center - Fremont-Hayward
34716 Alvarado-Niles Road
Union City, CA 94587
510-832-1177
Map/Directions

Injury Law Center - Oakland
580 Grand Avenue, Suite 208
Oakland, CA 94610
510-832-1177
Map/Directions

New Immediate Representation | Tired of Insurance Hassles | We'll represent you right now | Click Here | Call Now Toll Free 1-800-300-8561

- Free Advice!
- Free Consultations!
- No Out of Pocket Fees!
- Contingency Fees!
- We Get Paid Only if We Win Your Case!

Disclosure: Photos may not depict cars, places or situations related to clients or cases. Other photos may not depict attorneys or clients of the firm. The photos are intended only as dramatizations. Testimonials or endorsements, or statements regarding the outcome of a case should not be construed as a guarantee or warrantee or prediction regarding the result or outcome of your or anyone’s legal matter. Each case has its own unique facts, and the outcome of each case will differ.

San Jose personal injury attorney Jack Bloxham represents clients in negligence and wrongful death litigation related to motor vehicle accidents of all kinds in the Greater Bay Area of Northern California, including Alameda County, Contra Costa County, Santa Clara County, Solano County, San Jose, Walnut Creek, Union City, Oakland, San Francisco, Fremont, Hayward, Pittsburg, Richmond, Dublin, Concord, Fairfield, Benicia, Vallejo, Los Gatos, Napa, Pleasanton, Livermore, Antioch, Santa Cruz, and San Mateo.

FirmSite® by FindLaw, a Thomson Reuters business.